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Sherwin-Williams deck stain prematurely peels and deteriorates, according to a class action lawsuit.
Lead plaintiffs, Eric Rusnock, Andrew Nye, and Rose Nye, allege in their class action lawsuit that they purchased and used various types of Sherwin-Williams deck stain under the Duckback and SuperDeck brand.
They say that they purchased Sherwin-Williams deck stain to protect their exterior surfaces, but the resulting product peeled far sooner than expected.
According to the Sherwin-Williams class action, Sherwin-Williams markets Duckback as “premium, high quality coatings that protect outdoor living spaces from the harsh conditions of ultraviolet rays.”
The plaintiffs say that they were willing to pay a premium for Duckback and SuperDeck stain products because of advertising claims of superior technology and durability.
“The Products do not perform as advertised, and Defendants’ claims concerning Products’ quality, longevity, and durability are false, deceptive, and misleading,” alleges the Sherwin-Williams class action lawsuit. “Customers, including Plaintiffs and the proposed Class, who have purchased or used the Products have found that the Products do not live up to Defendants’ claims concerning quality, longevity, and durability.”
The Sherwin-Williams class action claims there are numerous negative reviews written about Duckback and SuperDeck products online.
“Despite Defendants’ claims to the contrary, the Products routinely crack, chip, peel, mold, discolor, bubble, and otherwise fail within a short amount of time after applying according to the label’s instructions,” contends the Sherwin-Williams class action lawsuit. “The failures occur sooner than the multiple-year timeframe that Defendants claim the Products should last.”
The problem, claim the plaintiffs, is that the Duckback and SuperDeck products are “film forming” rather than penetrating. Decks and other outdoor surfaces are subject to year-round exposure to weather. Stains applied to outdoor surfaces need to be finished with penetrating substances, notes the complaint citing expert opinions.
“Applying a film-forming coating to a damaged deck or when refinishing a deck requires ‘extensive surface preparation,’” notes the Sherwin-Williams class action lawsuit. “Before refinishing a wood deck with a film-forming coating, one should ‘sand areas of exposed wood with 50- to 80-grit sandpaper to remove the weathered surface and to feather the abrupt paint edge.’”
Sherwin-Williams, however, failed to provide appropriate directions for consumers applying a film-forming coating. The plaintiffs say that they and other consumers were not instructed to sand their surfaces first, leading to premature peeling of the stain.
“Defendants knew or should have known of the Products’ defects and inability to meet Defendants’ claims prior to placing the products in the stream of commerce because it is common knowledge in the industry that coatings that are easily susceptible to cracking and peeling in a short period of time are not suitable for decking and could not have lived up to Defendants’ claims,” states the Sherwin-Williams class action lawsuit.
The plaintiffs seek to represent a nationwide Class of consumers who purchased SuperDeck products, along with a Pennsylvania subclass.
The Sherwin-Williams class action lawsuit is seeking restitution, along with economic and compensatory damages.
The plaintiffs are represented by Andrew Baker of The Baker Law Group, Charles E. Shaffer and Nicholas J. Elia of Levin Sedran & Berman LLP, and D. Aaron Rihn of Robert Pierce & Associates.
The Sherwin-Williams Deck Stain Class Action Lawsuit is Rusnock, et al. v. The Sherwin-Williams Company, et al., Case No. 1:19-cv-00908-DAP, in the U.S. District Court for the Northern District of Ohio.
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71 thoughts onSherwin-Williams Class Action Says Deck Stain Prone to Peeling
How do I get into the class action suit?
Stain peeling After less than 6 months on a long fence, decks and siding. I emailed Ohio lawyers and got no response.
SuperDeck was applied by a professional the summer of 2017 to our large deck. Summer of 2018 it started peeling. Summer of 2019 the deck is completely unsafe and cannot be used. The wood is rotting and SuperDeck is peeling/flaking off in strips. Entire deck will have to be replaced.
I prepped a deck,cleaned it checked for beading water did moisture test the stain did not adhere to the deck it pealed in 2 months.The stain did not repel water or dirt .The dirt seemed to stick to the stain. Sherwin Williams told me to bring them one of the 15 year old 16 foot pieces of the deck for them to test.which if possible i would.They didn’t hesitate to come to that same job last year and sell Me this product and get my busness.
Signed up for the class action law suit got an email saying a lawyer would be in contact.
Being in my first two years of business and having morals/principles I am redoing the deck because even if i couldn’t afford it PEROTTI PAINTERS stands by my work and / or products.The stain failed that sherwin got from duck back so they blame me or duck back .I don’t care where i got the product from i sold it i stand by it.
S.w. swore by this product because they just had this issue with stain just two years before.
How do I make a claim in this class action lawsuit?
How do I become part of the class action suit with sherwin Williams dock and deck
I’ve reapplied three times and it just keeps peeling. I have four gallons and don’t know what to do.
Wood is rotting out now, It just peels of in strips. Please add me also,
Oct 2016 brand new deck by contractor. Sept 2017 we cleaned deck with SW deck cleaner and we stained deck with SW super deck semi solid stain. Noticed texture of stain didn’t feel right after it dried. Felt like sitting on top of wood and didn’t soak in to wood. Also noticed rain water sat on top more than other stains. Extremely disappointed. Within 1 year started to se small little chips and within last year tons of peeling. Looks Horrible! So disappointed.
Have the same problem with Super Deck, the paint/stain comes of in sheets.
Please include me.
We purchased 4 —— 5 gallon of stain. Our deck goes completely around the house and is on the second floor. I stained the floor deck…plus the bannisters in addition to a ramp that goes from the second floor to the ground.
There was also trimming all around the outside…up on ladder and moving over every few feet. A long tedious job and by the following year was a waste on money an time. Horrible!,!! Just horrible stain! Glad I did not pay someone to do the job. Would have had a fortune in it. Bad enough that it took me a month to do, and I worked every day at it
Never again
We purchased 4 5 gallon on stain. Our deck goes completely around the house and is on the second floor. I stained the floor deck…plus the bannisters in addition to a ramp that goes from the second floor to the ground.
There was also trimming all around the outside…up on ladder and moving over every few feet. A long tedious job and by the following year was a waste on money an time. Horrible!,!! Just horrible stain! Glad I did not pay someone to do the job. Would have had a fortune in it. Bad enough that it took me a month to do, and I worked every day at it
Never again
We had the same problem with Sherwin-Williams Deck and Dock Coating. Applied in late summer of 2018 and started peeling in spring of 2019 even though it had very little use. It was applied as directed so we are wondering how to get our money back for the product, not to mention the hours of labor to apply it.